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Home My WebLink About1978-05-16; City Council; Resolution 54171 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1E 15 2c 21 22 2: 24 2i 26 2' 21 RESOLUTION NO. 541 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE DE:PARTMENT OF CALIFORNIA HIGHWAY PATROL AUTHORIZING THE STATE TO USE THE PISTOL FIRING RANGE OPERATED BY THE CITY FOR A - OIlE YEAR PERIOD. BE IT RE1:SOLVED by the City Council of the City of Carlsbad, California, ELS follows: That the Mayor of the City of Carlsbad is hereby authorized and directed to execute on behalf of the City that certain agreement with the Department of California Highway Patrol, authorizing the State to use the pistol firing range operated by the City of Carlsbad for a one year (1) period. A copy of said agreement is attached hereto and incorporated by reference herein. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held the 16th day of May , 1978, by the following vote, to wit: AYES: Councilmen Packard, Skotnicki, Anear and Councilwoman Casler NOES : None ABSENT: None RONALD C. PACKARD, Mayor ATTEST: /-- (seal j t 0 PISTOL FIRING RANGE Exhibit A to Resolution No. 53’/-7 AGREEMENT THIS AGREEMENT, made and entered into this 1st day of July 7 1978, - by and between State of California, through its duly elected or appointed, qualified and acting Fiscal Officer, Department of California Highway Patrol, hereinafter called the State, and Carlsbad Police Department -3 hereinafter called the Contractor. WITNESSETH: covenants, conditions That the Contractor, €or and in consideration of the agreements , and stipulations of the State hereinafter expressed, does hereby agree to furnish to the State services and materials 88 follows: The Contractor hereby authorizes the Department of California Highway Patrol to use the pistol firing range owned and operated by the Contractor subject to the following provisions: 1, The Contractor agrees that the State shall have the use of all facilities of the pistol range. 2. The use of said. range by the State shall be limited to those members of the Department of California Highway Patrol permanently assigned to the Oceanside Area 3. Contractor and State agree said shooting range shall be open and useable by members of the Department of California Highway Patrol at such times that are mutually agreeable to both parties hereto. , 4. Contractor agrees that all facilities of the Contractor now located on the pistol range may be used by the State for training pro- gram without additional charge, provided that the time or times such facilities may be requested by the State are mutually agreeable to the parties hereto, and further that this article does not grant exclusive use of the contracted facilities €or any time or times without mutual agreement of the parties hereto. - 5. Either party hereto may terminate this agreement. at any time during said term by giving written notice thereof to the other party at least thirty (30) days prior to the effective date of such termination. No alteration or amendments shall be valid unless made in writing and signed by the parties hereof. 6. The parties hereto agree that empty cartridges resulting from . Patrol members shooting will be the property of the Contractor 7. State agrees that members of the Department of California Highway Patrol will be subject to range safety rules established by the Contractor and orders of the Contx,actor while exercising the privileges of this agreement. ,- -8. This agreement will commence on the date of execution and expire -7- June 30, 1979 , 9. All notices herein provided to be given or which may be given by either party to the other shall be deemed to have been given when made in -2- e writing and deposited in the United States mail, registered and postage prepaid and addressed as follows : . Street, Carlsbad, CA Highway Patrol, Post Office Box 898, Sacramento, California 95804. The Carlsbad Police Department, 1200 Elm , and to the Department of California address to which the notices shall or may be mailed as aforesaid to either party shall be changed by written notice given by such party to the other, as herein provided, but nothing herein contained shall preclude the giving of such notice by persona.1 service. 10, State agrees to pay contractor semi-annually in arrears upon receipt of an invoice from Eunds appropriated to the Department of Califoxnia Highway Patrol and subject to the fiscal procedures of the State of California. The total amount of this agreement shall not exceed Four Hundred Twenty Dollars ($420.00) . 11.- The parties hereto agree that the contractor, and any agents and employees of contractor, in the performance of this agreement, shall act in an independent capacity and not as officers or employees or agents of State of California. -- 12, This agreement: is not assignable by contractor either in whole or in part. z -7- 13. The provisions of this agreement shall extend to and be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the respective parties hereto. 14. The attached Form 3, Fair Employment Practices Addendum, is incomorated by referenlce and made a part hereof. 15. The Department of Highway Patrol shall holu the C tY Of Carlsbad, its governing body, the individual members thereof, and all its employees and officers free and harmless of and from any and all loss, damage, cost, expense or liability arising out of injury or death to persons, or damage to property, resulting directly or indirectly in any way from the use or occupancy of the property or from the performance of work or services under this agreement, including the defense of any action arising therefrom. In the event that suit is brought upon this agreement to enforce the temis thereof, City shall be entitled to a reasonable sum as attorney' s fees. CONTRACTOR Carlsbad Police Department BY TITLE ADDRESS 1200 Elm Avenue, Carlsbad, CA STATE OF CALIFORNIA DEPARTMENT OF CALIFORNIA HIGHF7AY PATROL BY TITLE Fiscal Officer .- Support Item 157 Chapter Land & Bldg, - Rent 7/2412 Amount of Estimate $420.00 4. CONTRACTOR Carlsbad Police Department BY , TITLE; ADDRESS 1200 Elm Street,” Carlsbad, CA STATE OF CALIFORNIA DEPAILTMENT OF CALIFORNIA HIGHWAY PATROL BY TITLE Fiscal Officer Suppiort Item 157 Chapter Land & Bldg - Rent 7/2412 * Amount of Estimate $420.00 , FAIR EMPLOYMENT PRACTICES ADDENDUM 1. In the performance of this contract, the Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, sex*, age*, national origin, or physical handicap*. The Contractor will take affirmative action to ensure that appli- cants are employed, and that employees are treated during employment, without regard to their race, color, religion, ancestry, sex*, age*, national origin, or physical handicap*. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of com- pensation; and selection for training, including apprenticeship. The Contractor shall post in conspicuous places, availalble to employees and applicants for employment, notices to be pro- vided by the State setting forth the provisions of this Fair Employment Practices section. 2. The Contractor will permit access to his records of employment, employment advertisements, application forms, and other pertinent data and records by the State Fair Employment Practices Commission, or any other agency of the State of California designated by the awarding authority, for the purposes of investigation to ascertain compliance with the Fair Employment Practices section of this contract. 3. Remedies for Willful Violation: (a) The State may determine a willful violation of the Fair Employment Practices pro- vision to have occurred upon receipt of a final judgment having that effect from a court in an action to which Contractor was a party, or upon receipt of a written notice from the Fair Employment Practices Commission that it has investigated and deter- mined that the Contractor has violated the Fair Employment Practices Act and has issued an order, under Labor Code Section 1426, which has become final, or obtained an injunction under Labor Code Section 1429. (b] For willful violation of this Fair Employment Practices provision, the State shall have the right to terminate this contract either in whole or in part, and any loss or damage sustained by the State in securing the goods or services hereunder shall be borne and paid for by the Contractor and by his surety under the performance bond, if any, and the State may deduct from any moneys due or that thereafter may become due to the Contractor, the difference between the price named in the contract and the actual cost thereof to the State. *See Labor Code Sections 1411 - 1432.5 €or further details. , ' STD. 3 (Rev. 11/74)